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Judge Leandro Paulsen dismissed an appeal in which former President Luiz Inacio Lula da Silva (PT) had requested to attend the funeral of his brother Genival Inacio (TRF-4). da Silva Known as Vavá, he died on Tuesday (29).
The motion at dawn on Tuesday (30), after Judge Carolina Lebbos of the Court of Criminal Executions of Curitiba, denies the departure of Lula for the funeral. The burial of Vavá is scheduled for 13h this Wednesday in São Bernardo do Campo, in the São Paulo metropolitan area. Shortly after the conviction of Lebbos Lula's defense appealed his judgment to the Supreme Court (Supreme Court) and the motion must be badessed by Luiz Fux, who temporarily holds the presidency of the Court.
Paulsen follows the demonstration. Federal prosecutor Carmem Elisa Hessel who also filed arguments against the departure of Lula in the middle of the dawn of this Wednesday. According to her, in the case of a humanitarian claim, "it is necessary to badess, in each particular case, the presence and total guarantee of the security conditions of the detainee and public officials so to allow possible participation in the requested funeral ".
The appeal was made before the Lebbos decision and the federal police rejected another PT application to leave the prison to attend the brother's funeral. PF said he has logistical problems.
Paulsen is one of the three judges who make up the eighth court of the court which, a year ago, sentenced Lula unanimously in this case. of the triplet. This second-instance conviction allowed Lula to start serving her sentence at the triplet trial. The PT was sentenced to 12 years and one month of imprisonment and has been part of the Superintendency of PF in Curitiba since April 2012.
Previously, the PF had rejected the request, citing the risk of flight, Attack and protest from opposing and favorable groups. at the PT.
Lebbos was waiting for both a PF report on the viability of Lula's request and an MPF protest. The opinion of the MPF, also contrary to the temporary departure of the former president, comes about half an hour after the police document.
Arguments
Paulsen repeated the argument of L & rsquo; lawyer Hessel that there would be "a logistical impossibility to make the intended move in a short time, as well as a risk of serious harm to public safety and the people affected by gravity",
. also cited PF's argument that "changing the destination of the vehicles required for the transport of the victim could be detrimental to humanitarian work in the Brumadinho area" and that "other factors compromise the safety of the victim and public order ".
The judge also cited the need for "hundreds of police officers" in Lula's testimony before the Federal Court; and the episode of arrest, also in the city of São Bernardo do Campo, where the wake takes place.
The fact that "hundreds of demonstrators prevented the respect of the time and the form of the judicial decision, thus limiting the siege of the Union of Metallurgists of São Bernardo do Campo, to resist the judicial order" was considered a risk factor.
Lula's defense appealed to the STF (Supreme Federal Court) about Lebbos' refusal.
The Law on the Execution of Sentences authorizes the release of a prisoner in the event of the death of a brother and also states that he is the President of the Supreme Court, Luiz Fux . that the authorization "is granted by the director of the institution where the detainee is located".
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